Wabasha County, Minnesota - Chapter 6: County Government, 1920

Governor Alexander Ramsey, the first territorial governor, arrived in St. Paul, May 27, 1849, and on June 1, 1849, issued his first proclamation. June 11, 1849, he issued a second proclamation dividing the Territory into three judicial districts. July 7, 1849, the Governor issued a proclamation dividing the Territory into seven council districts and ordering an election. The first session of the legislative assembly of the Territory of Minnesota was held at St. Paul, commencing Sept. 3, 1849.

By an Act approved Oct. 27, 1849, the Territory was divided into the counties of Washington, Ramsey, Benton, Itasca, Wabashaw, Dakotah, Wahnata, Mahkahto and Pembina. Only the counties of Washington, Ramsey and Benton were organized for all county purposes. The others were organized only for the appointment of justices of the peace, constables, and such other judicial and administrative officers as might be especially provided for. They were entitled to any number of justices of the peace and constables, not ex¬ ceeding six, to be appointed by the Governor, and their term of office was made two years, unless sooner removed by the Governor. These officers were made conservators of the peace.

Wabashaw county as "erected" by the Act of Oct. 27, 1849, composed practically all of the southern part of the present State of Minnesota. It's northern boundary was the parallel running through the mouth of the St. Croix and the mouth of the Yellow Medicine rivers; the southern boundary was the Iowa line; its eastern, the Mississippi; and its western, the Missouri; and it also included the big peninsula between the Missouri and the Big Sioux rivers, and all of what is at present southeastern South Dakota. Wa¬ bashaw County was thus the parent county of all the counties in southern Minnesota and several in South Dakota.

In 1851, by the Revised Statutes, Chapter I, the Territory was divided into Benton, Dakota, Itasca, Cass, Pembina, Ramsey, Washington, Chisago and Wabashaw counties, and their boundaries defined. Wabashaw county consisted of all the State lying between the Mississippi River and a line drawn due south from Medicine Bottle's village at Pine Bend. The line south from Pine Bend would touch what is now the western boundary of Goodhue, Dodge and Mower counties. Wabashaw county therefore took in a portion of what is now Dakota county, as well as all the present counties of Goodhue, Dodge, Mower, Wabasha, Olmsted, Fillmore, Winona and Houston. Wabashaw County was attached to Washington County for judicial purposes.

A complete county organization was authorized by an act of the Legisla¬ ture approved March 5, 1853. The counties which were created or had their boundaries altered in the same act were Dakota, Goodhue, Wabasha, Fillmore, Scott, Le Sueur, Rice, Blue Earth, Sibley, Nicollet and Pierce.

The boundary lines of Wabasha County were somewhat vague. The boundaries of several counties in southeastern Minnesota depended on the location of the southeast corner of Dakota County, a point which is much in dispute. The northeastern boundary of Wabasha County started at a point on Lake Pepin seven miles below Sand Point, down Lake Pepin and the Mississippi River to the mouth of the river variously called the Clear Water and the Minneiska and now called the Whitewater. The southeastern boundary was the whole length of the Whitewater from source to mouth. The north¬ western boundary was a line extending southwest from a point seven miles below Sand Point. The southern and southwestern boundary was an indefi¬ nite line extending west and northwest from the source of the Whitewater in Olmsted County. Wabasha County therefore took in practically all the present county.

"That the counties of Dakota, Wabasha, Fillmore, Scott, Le Sueur, Blue Earth and Nicollet be and the same are hereby declared to be organized counties, and invested with all and singular the rights and privileges and immunities to which all organized counties are in this territory entitled to by law; and it is hereby declared to be the duty of the governor at so soon a time as practicable, to appoint all county officers, justices of the peace and constables, as said counties may be entitled to by law, who shall hold their offices until their successors shall be duly elected at the next general election. That such officers so appointed in the organized and unorganized counties shall give bonds for the faithful performance of their duties in such sums as is now required by law.

"It shall be the duty of the first board of county commissioners which shall be hereafter elected in any. county laid off in pursuance of the provisions of this act, as soon as the said board shall have been elected and qualified as provided by law, and the said board or a majority thereof shall determine, to locate the county seat of the county, and the location so made as aforesaid, shall be the county seat of the county to all intents and purposes until other¬ wise provided by law."

February 23, 1854, the boundaries of Wabasha County were defined as follows: "Beginning at the southeast corner of Township No. 107, North of Range No. 11 West; thence thirty miles to the southwest corner of Township No. 107, North of Range No. 15 West; thence north twelve miles; thence east six miles; thence north twelve miles; thence east six miles; (thence north twelve miles; thence east six miles:) thence north six miles; thence east (six miles; thence north) to Lake Pepin; thence down said Lake and the Mississippi River to the northeast corner of Winona County; thence south to the place of beginning."

The parenthesis in this act as here printed are supplied by the editor of this work. It is only by omitting from the act the words here enclosed in parenthesis that sense can be made of it. A literal reading of the act would carry the west line far into Wisconsin. The intent of the act was evidently to give Wabasha County its present boundaries, with the present eight northern townships in Olmsted County added.

"1 - That it shall be the duty of the Register of Deeds of Ramsey County, to forward to the Clerk of the District Court of Wabashaw County, an abstract of the votes polled for County Officers in said County, at the last election, and filed in the office of said Register of Deeds, and said Clerk of the District Court of Wabashaw County, shall, immediately after the receipt of said abstract, issue to each person having received the highest number of votes for any office, a certificate of his election.

"2 - The persons receiving certificates in conformity to this act for County Commissioners of said County, shall meet on the first Monday in March, and proceed to organize as provided by law, in the same manner as if the said meeting had been had on the first Monday of January.

"3 - At said meeting of County Commissioners, the persons receiving cer¬ tificates for County Officers, may qualify and assume the duties of their offices, in the same manner and to the same extent, as if they had received certificates of election and qualified at the time and manner provided by law.

By an act approved Feb. 20, 1855, many counties were created or defined. Wabasha County was to consist of all the former county of that name, not included by this act in other counties. This left Wabasha County with its present boundaries. At that time, however, the meander corner on Lake Pepin between Townships 111 and 112 had not been surveyed, although its location was generally understood.

By an act approved February 20, 1856, the county seat was located on Block 31, in the town of Wabashaw as surveyed in July, 1854, and duly recorded in the Book of Town Plats of Wabasha County.

The first county election was held Oct. 11, 1853, at the home of Augustin Rocque, in what is now the city of Wabasha. The ballotting resulted in the election of Christian Shively, Oliver Cratte and Peter Larrivierre, county commissioners; Alexis P. Bailly, register of deeds; C. Shively, treasurer and coroner, and Levi Murphy, sheriff.

These officers did not qualify in January, 1854, as provided by law, and the legislature passed the act already mentioned, allowing them to qualify in March, and providing for a meeting of the County Commissioners on the first Monday in March.

In accordance with this act, the first board of commissioners met March 6, 1854, with M. Shively as chairman. Alexis P. Bailly acted as clerk. A temporary seal was adopted, consisting of a circular piece of paper containing a red wafer, upon which was inscribed "Temporary Seal of the County Court of Wabashaw County." The board met again the eleventh and divided the county into three assessment districts. All that portion north of a line running from an old ferry-house, which stood a little above Read's Landing, to the western extremity of the county was made the first district, with William Campbell as assessor. The second district comprised the territory north of a line extending west from the house of Oliver Cratte on the Wabasha village levee, to the county line, not included in the first district. M. Whitmarsh was appointed assessor. The third district comprised the remainder of the county. J. McKenzie was appointed assessor. At this meeting it was discovered that Mr. Murphy was not eligible to county office, by reason of non-residence. Dr. Francis H. Milligin was therefore appointed sheriff to fill the vacancy. Wabasha was designated as the county seat.

March 20, Francis La Pointe was appointed road supervisor. March 24, Amos Wheeler was appointed assessor for the First district with power to act in the Second, the two previous appointees having failed to qualify. June 3, it was found that certain legal requirements regarding the assessment rolls had not been fulfilled, and for a while the subject of assessment and taxation was dropped.

The first precinct comprised towns 108 and 109, of ranges 14 and 15; the place for holding elections was fixed at the house of Leonard B. Hodges, in Orinoco. Messrs. E. Chilson, J. Clark and G. Gordon were appointed judges of election. The second precinct comprised the rest of the county, the place for holding elections being the house of Augustine Rocque, in Wabasha, with Amos Wheeler, I. 0. Seely and J. McKenzie as judges of election. A portion of the northern part of the county was set off in November as the Monte¬ zuma precinct, elections to be held at the house of John Lyons with Thomas Allen, R. S. Philips and J. Hanson as judges. Joseph Pingrey was appointed county surveyor.

In 1854, Alexis P. Bailly and John McKee, took the places of Messrs. Shively and Larriverre, and Mr. Cratte was made chairman. The board elected in 1855 consisted of C. R. Read (chairman). Levi Cook and A. A. Weston. Mr. Read was chosen for three years, Mr. Cook for two years and Mr. Weston for one. Mr. Weston being re-elected, the board, in 1857, comprised the same members with no change except that the chair was filled by Mr. Weston instead of Read. Before the close of the term, however, Mr. Read was again made chairman, owing to an injury inflicted on Mr. Weston by the shot of an outlaw, rendering him unable to attend the meetings of the board. The mem¬ bers composing the board in 1858 were: C. R. Read, chairman, Henry Amerland and G. Maxwell.

Under the State Constitution which went into effect May 11, 1858, the county boards were to consist of the chairmen of each township, and repre¬ sentatives from the incorporated villages.

In preparation for the new supervisor system, the commissioners of Wabasha County on April 5, 1858, divided the county into eighteen townships, and designated an election place for each.

Twelve of these townships had their present boundaries with the excep¬ tion that some of them have since had villages incorporated within their limits :

Mazeppa took in all of 109-14, a part now being in Zumbro. The election was to be held at the Mazeppa House. Zumbro took in all of 109-13, a part of which is now Hyde Park. The election was to be held at the home of Jane Shaw.

Wabasha, with an election to be held at the Court House, occupied 111-10 and Pepin occupied 111-11, with an election to be held at the office of S. A. Kemp. The line between the two has since been readjusted. Sand Prairie, since added to Greenfield, occupied 110-9. Greenfield occupied 110-10. The election was to be held at the home of Mrs. Cole.

These townships were to take the place of the thirteen Territorial pre¬ cincts, Mazeppa, Bear Valley, Concord, Zumbroa Falls, New Albany, Lake City, Pepin, Wabasha, Tepeeotah, Cook's Valley, Greenville, Minneiska and West Newton.

The first meeting of the board of supervisors was held June 8, 1858. The towns were represented as follows: Wabasha, Hiram Rogers, (chairman); Wabasha Village, J. B. Downer; Pepin, C. R. Read; Plainview, John Yale; Fuller (Gillford) F. M. Hoyt; Zumbro, G. W. Fanning; Mazeppa, C. F. Fox; Mount Pleasant, E. H. Palmer; Elgin, C. P. Crawford; Pellville (Oakwood), Lawrence Tracy; Smithfield (Highland), W. L. Cleveland; West Albany, E. B. McCollum; Watopa, William Abbott; Lake Minneiska, Richland (Glasgow), Greenfield, Bear Valley (Chester), and Sand Prairie were not represented. In the afternoon four more members presented themselves: C. W. Hackett from Lake; A. Z. Putnam from Minneiska; F. J. Collier from Greenfield and F. M. Skillman from Bear Valley (Chester). The other member of the board was Thomas Mathier, probably from Glasgow. Abner Dwelle presented him¬ self as a member from Lake City village but was refused a seat.

The second board of supervisors met Sept. 13, 1859, and was constituted as follows: Wabasha, W. W. Prindle, Samuel Gilbert; Pepin, Thomas B. Willson; Lake City, Frank Doughty; Mount Pleasant, Benjamin Taylor; Bear Valley (Chester), F. M. Skillman; Gillford, E. M. Hoyt; West Albany, Benjamin Dodge; Glasgow (which had been changed from Richland to Wacouta, and from Wacouta to Glasgow), Hugh McGowan; Greenfield (to which this board attached Sand Prairie), Anthony Dwyer; Minneiska, A. Z. Putnam; Highland, W. L. Cleveland; Pellville (changed to Sherman, and on Jan. 5, 1872, to Oakwood) R. A. Scott; Zumbro, Isaac Jenkins; Mazeppa, W. H. Amsbry; Elgin, R. C. Stillman; Plainview, Federal C. Gibbs (chairman); Watopa, Garrett Fitzgerald.

The commissioner system having been resumed, the new board met Feb. 28, 1860. The members were Orville D. Ford, of Mazeppa; Charles R. Read,

1861 - George Bryant (chairman), 0. Wilcox, N. F. Randolph, John B. Downer and Abner Tibbetts. Tibbetts resigned and H. C. Simpson was appointed. Simpson went to war, and J. L. Armstrong attempted to take his place on the board but was refused a seat.

Register of Deeds. - Alexis P. Bailly was elected to the office of register of deeds in 1853, and held the office until July, 1855, when Dr. F. H. Milligan was appointed by the county board for the remainder of the term. Mr. Abner Tibbetts held the office in 1856-7 ; G. W. Marsh in 1858-9, and wTas succeeded by C. W. Hackett, of Lake City, who nominally held the office until January 1, 1864. Mr. Hackett absented himself to serve in the army without making legal provision for the carrying on of the work of his office, and a vacancy being declared, Michael Quigley was duly elected to the office at a special election. But while the matter was still in dispute the regular term came to an end, and

In the fall of 1867 O. D. Ford and N. S. Wright were competitors for the office, and both claimed the election. Mr. Wright received his certificate of election, and held the office during the year 1868, when a decision was given by the supreme court that Mr. Ford was entitled to the election. Mr. Ford held the office during the remainder of the term, and was re-elected for another term of two years. Mr. Ford was succeeded by James G. Lawrence, who held the office four years, being succeeded by H. H. Dickman, one term, and he by J. C. Bartlett. He was followed by J. B. Mullins, who was succeeded in 1889 by John Bricher.

In 1893 L. O. Cook took the office, in 1897 it passed to C. C. McDonough, in 1901 to Fred O. Wolfe, in 1905 to Henry Burkhardt, in 1909 to N. J. Biever, and in 1913 to Theodore Stegner, who has since continued to serve.

Auditor. - For some years the offices of register of deeds, county auditor and clerk of the county board were one. The first to bear the title of county auditor was G. W. Marsh. In the fall of 1858, W. W. McDougall was elected. It was claimed that there were irregularities in the election as conducted, and furthermore that the office of auditor was not elective. But the board confirmed the election by appointment, and Mr. McDougall served in 1859-60. E. W. Foster was elected in the fall of 1860. In November, 1861, he became a captain in the army, leaving A. G. Foster to serve. There was considerable question as to the legality of this, and finally N. F. Randolph was appointed auditor pro tem. Then after much consideration of the subject, A. G. Foster was appointed to fill out the term. He was re-elected in 1862 and 1864. W. W. Case was elected in 1866 and was succeeded in 1871 by F. E. Stauff. In 1875 came William Campbell, followed by G. A. Perkins. Bruce Florer took office in 1885, succeeded in 1887 by G. A. Perkins. Mr. Perkins was succeeded in 1891 by M. J. O'Laughlin, who served two terms. The next six incumbents of the office each served two terms, namely: A. J. Allison, 1895-1899; Frank H. Fox, 1899- 1903; Fred F. Bade, 1903-1907; Matt T. Duerre, 1907-1911; Geo. J. Ginthner, 1911-1915; John Boss, 1915-1919. George J. Ginthner again became auditor in 1919 and is still serving.

Treasurer. - Christian Shively was elected treasurer in 1853, but never qualified, and Dr. F. H. Milligan was appointed by the board to fill the vacancy. He held the office until January 1, 1856. William Bonnell was elected in the fall of 1856, but leaving the country soon after, the board appointed Joseph Peak, who held the office until the spring of 1857, when he left the country, and L. M. Gregg was appointed for the remainder of the term. Mr. Gregg was elected in the fall of 1857, and held the office during the years 1858-59. William W. Prindle was elected in the fall of 1859, and held the office four years. J. F. Rose succeeded him, holding the office until January 1, 1868. A. Y. Felton was elected in the fall of 1867, and re-elected in 1869. He was succeeded by Anson Peirce, who held the office two terms; he in turn succeeded by A. J. Fowler, and Mr. Fowler in January, 1882, by R. A. Johnson. In 1887 came L. H. Whitmore; in 1889, John Costello. In 1893 Geo. F. Duerre became treasurer and served until 1897, his successor being G. H. Lange, who served until 1901, when John Robinson took the office and served two terms, or until 1905, when L. L. Mathews succeeded him. In 1909 Mr. Mathews was succeeded by R. A. Jones, who in 1913 turned over the office to John M. McLaughlin. In 1919 Mr. McLaughlin was succeeded by George F. Jacob.

Sheriff. - At the first election held in Wabasha County, at the residence of Augustus Rocque, in what is now the city of Wabasha, on October 11, 1853, Levi Murphy was elected sheriff. He having failed to qualify, the board of county commissioners on March 13, 1854, appointed Dr. F. H. Milligan to fill the vacancy. Amos Wheeler held the office in 1854-55 ; Blois S. Hurd in 1856. Mr. Hurd resigned the office, and R. M. Piner was appointed in his place, hold¬ ing it during the year. In the fall of that year he was duly elected, and held the office until January, 1860, when he was succeeded by H. H. Butts, who held the office until January, 1862, being succeeded by William B. Lutz. Mr. Lutz was succeeded by H. H. Slayton, who held the office four years. In the fall of 1867 William Box was elected, served three terms. He was succeeded by Sydney Smith, two terms ; and he in turn succeeded by Lyman H. Gregg, two terms. In the autumn of 1881, Henry Burkhardt was elected. He was followed in 1887 by David Cratte, who served until the close of 1890, when he was suc¬ ceeded by Peter L. Weimerskirch. In 1895 D. C. McKenzie succeeded Mr. Weimerskirch, and was himself succeeded in 1899 by G. G. Dickman. George Hauswedell became sheriff in 1903, and James E. McLeod in 1907. The latter was succeeded in 1911 by Julius E. Boehlke, and Mr. Boehlke in 1919 by Ed. Fitzgerald.

County Attorney. - Thomas Wilson was district attorney in 1856, succeeded by Samuel Cole, of Winona county, who held the office until the organization of the state. In the fall of 1857 John W. Tyson was elected county attorney, and was succeeded by S. L. Campbell, and he in turn by John B. Davis. J. D. Jaqueth was elected in 1863, and in 1865 was re-elected and resigned. John B. Davis was again elected and held the office until January 1, 1867, when W. W. Scott qualified. Mr. Scott was succeeded by J. B. Davis, and Mr. Davis by J. H. Hahn, Esq., who held the office two terms, being succeeded by Geo. H.

Matchin. Mr. Matchin held the office one term, and was succeeded by C. H. Benedict, one term, who was succeeded, January 1, 1883, by J. F. McGovern. He was followed in 1887 by John W. Steel. In 1891, J. F. McGovern came into office again. He was succeeded in 1895 by John H. Mullen, whose successor in 1897 was James A. Carley. Mr. Carley was succeeded in 1901 by Geo. H. Ham¬ mond, who served until 1905, when Mr. Carley again became county attorney. In 1909 the latter was succeeded by James E. Phillips, and Mr. Phillips in 1913 by Michael Marx, who was succeeded by John R. Foley in 1919.

Clerk of Court. - S. L. Campbell was appointed in January, 1856, the first clerk of the district court of Wabasha county, and held the office until the admission of the state into the Union. In October, 1857, S. A. Kemp was elected clerk under the state constitution, and held the office from 1858 to 1861. N. F. Webb was his successor and held the office for one term. Charles J. Stauff was elected in 1869, and served for a long period of years, or until 1907, when he was succeeded by Frank T. O'Flaherty. In 1915 Frank C. Goss succeeded to the office, which he has since held.

Judge of Probate. - H. P. Wilson held the office of judge of probate in 1856, G. F. Childs in 1857, B. C. Baldwin in 1858-59. A. Z. Putnam was elected in the fall of 1859, and held the office four years. He was succeeded by G. C. Dawley in 1864-65, who in turn was succeeded by E. Lathrop in 1866-67. He was succeeded by A. Fuller in 1868-69, who was re-elected in 1869 for 1870-71. A. Z. Putnam followed, two terms, then J. T. Pope, one term, succeeded by F. J. Collier one term. In the fall of 1882, Judge Putnam was again elected. In the fall of 1883, F. J. Collier was once more elected. In 1889 he was suc¬ ceeded by Malcolm Kennedy, who held the office until 1905, when he was suc¬ ceeded by Frank H. Fox. Mr. Fox's successor in 1909 was Walter A. Munger, and Mr. Munger's, in 1913, James E. McLeod, who is still serving.

County Superintendent. - The first to hold the office was E. Hogel, in 1866. William H. Robinson served in 1867, and he was succeeded by T. A. Thompson, who held the office until 1873. Mr. Thompson was an earnest,, faithful worker, and to him is due, in a great measure, our present high standard of schools in the county. Mr. Thompson was succeeded by A. G. Hudson ; Mr. Hudson, by J. H. Hays, and Mr. Hays by A. J. Greer. Scott A. Foster was elected in the fall of 1883. He was followed in 1887 by P. J. Ryan, who was succeeded in 1891 by James Keating. In 1895 J. M. Dunkward took the office and continued in it until 1899 when Hugh Leonard succeeded him. The latter's successor in 1903 was S. M. Quigley. After him, in 1907, came Jacob Reusch; then in 1911, Harry V. Fick, who served until 1919, when George H. Booth succeeded him.

Surveyor. - The office of surveyor was a somewhat uncertain one in the early days, and there are no adequate records of them. For the past thirty years, however, the records have been preserved. George H. Beaty was fol¬ lowed in 1897 by L. O. Cook, Mr. Beaty again becoming surveyor in 1901. Herman Tushaus took the office in 1903, Fred A. Wolfe in 1905, George H. Beaty in 1907, and John Rafter in 1909. The last mentioned is still serving.

Coroner. - The coroners of the early days have left little record of their holding of the office. As in the case of the surveyors, it is only in the last thirty years that the records have been adequately kept. Charles Gengnagle was succeeded in 1895 by P. N. Kelly, after whom the successive incumbents of the office have been: Dr. L. E. Claydon, 1897; E. J. Lange, 1901; J. L. Gengnagel, 1905; A. E. Becker, 1911; Albert C. Fitschen, 1915; the last men¬ tioned being still the incumbent of the office.

Wabasha was the county seat by common consent from the first formation of the county, and the location was confirmed by the legislature in 1856. In 1860 a vote was taken on the question of removing the county seat to Lake City. The election was decided in favor of Lake City though there was considerable argument over the counting of the votes, and an unsuccessful resolution was introduced in the board of county supervisors ordering the transfer of the county headquarters to that city. In 1867 the question was again voted upon. The feeling of rivalry was strong, votes were sought far and near, and criminal manipulation of the ballot boxes was freely practiced, the leaders in both cities probably being equally guilty. The votes polled for Wabasha numbered 4,052 and for Lake City, 3,013, making a total of 7,065. As the total popula¬ tion of the county was but 11,363, the irregularity was evident. The courts, however, confirmed the results. The Grand Jury, although urged by the dis¬ trict judge to bring indictments, and thus remove a criminal stain from the county, refused to act, their excuse being that the best citizens of the county were involved.

In 1858 the municipal jail at Lake City was rented for a temporary county jail. In 1860 the county secured the stone schoolhouse erected in 1858. This was fitted up as a courthouse and county offices. Improvements and enlarge¬ ments were made from time to time. In 1872 a large brick building was erected in the rear for jail and sheriff's residence.

The care of the poor has been an important feature in the work of the county commissioners. In 1867 they purchased for $4,200, a farm in Hyde Park Township, about one and a half miles north of the Zumbro River. The place was opened under the supervision of George Bartholmew, who held that office until the county poorhouse was removed from Hyde Park to Wabasha in 1873. The county commissioners in 1873, recognizing the undesirableness of attempting to care for their poor on a large farm in a secluded part of the county remote from the county buildings, where their meetings were necessarily held, exchanged the property in Hyde Park for thirty-two acres situated on the east side of the public highway running from Wabasha to Kellogg, the poorhouse standing about one mile from the court-house. The buildings at that time upon the property were quite inadequate to the uses required of them. The main building had been erected originally for a barn, and was afterward converted into a dancehouse. This building was rearranged at the expense of the original owner, and taken possession of by the county in 1873. In 1879 a comfortable hospital was built. In 1884 a large building of 30 rooms was erected for general poor house purposes. Since then improvements have been made as necessity has required, and the alms house and grounds have continued -a credit to the people of the county.